168Licence or tenancy agreement under Crown Land (Reserves) Act 1978

168 Licence or tenancy agreement under Crown Land (Reserves) Act 1978

(1) If a project authority intends to exercise, or authorise a person to exercise, a power under section 167 on or in relation to reserved Crown land, the project authority may request the Project Minister to grant the project authority or a person authorised in writing by the project authority a licence or to enter into a tenancy agreement under section 17B of the Crown Land (Reserves) Act 1978 as modified by this section.

(2) Following a request under subsection (1), for the purposes of section 167 and this section, section 17B of the Crown Land (Reserves) Act 1978 applies with the following modifications—

(a) section 17B(1) applies as if—

(i) any powers exercisable under that subsection by the trustees or committee of management or the responsible Minister were exercisable by the Project Minister; and

(ii) there were no requirement for the written approval of the responsible Minister;

(b) section 17B(1A) applies as if any powers exercisable under that subsection by the responsible Minister were exercisable by the Project Minister;

(c) section 17B(2) applies as if the reference to the Minister were a reference to the Project Minister;

(d) section 17B(3) applies as if a reference to the Minister giving approval under subsection (1) were a reference to the Project Minister granting a licence or entering into a tenancy agreement under that subsection;

(e) section 17B(3A) applies as if the reference to the Minister were a reference to the Project Minister;

(f) section 17B(4) applies as if—

(i) any powers exercisable under that subsection by the trustees or committee of management or the Minister were exercisable by the Project Minister; and

(ii) there were no requirement for the approval of the Minister.

(3) If the reserved Crown land is managed by trustees or a committee of management under the Crown Land (Reserves) Act 1978—

(a) the Project Minister must give written notice to the trustees or committee of management of the granting of a licence or entering into of a tenancy agreement in relation to the land under section 17B of that Act as modified by this section; and

(b) after the giving of that notice, the trustees or committee of management must not do anything that is inconsistent with the licence or tenancy agreement.

S. 168A inserted by No. 49/2013 s. 62.